Decree No. 159/2024/ND-CP Amending and Supplementing Certain Articles of Decree No. 01/2019/ND-CP dated January 1, 2019 of the Government on Forest Rangers and Specialized Forces for Forest Protection.

DECREE

Amending and supplementing certain Articles of Decree No. 01/2019/NĐ-CP dated January 1, 2019 of the Government on Forest Rangers and Specialized Forces for Forest Protection

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Forestry Law dated November 15, 2017;

At the proposal of the Minister of Agriculture and Rural Development;

The Government promulgates this Decree amending and supplementing certain Articles of Decree No. 01/2019/NĐ-CP dated January 1, 2019 of the Government on Forest Rangers and Specialized Forces for Forest Protection.

Article 1. Amending and supplementing certain Articles of Decree No. 01/2019/NĐ-CP dated January 1, 2019 of the Government on Forest Rangers and Specialized Forces for Forest Protection

1. AMENDING AND SUPPLEMENTING ARTICLE 3 AS FOLLOWS:

a) Amend and supplement Clause 1 as follows:

"1. Advising and assisting the Minister of Agriculture and Rural Development in drafting legal normative documents, mechanisms, and policies on forest management, protection, fire prevention and extinguishing, ensuring compliance with forestry laws."

b) Amending and supplementing Point a Clause 3 as follows:

"a) Coordinating with forest owners to organize the implementation of measures for forest protection, fire prevention and extinguishing, ensuring compliance with the law at special-use forests and protective forests under their management;"

c) Supplementing Point k following Point i of Clause 3 as follows:

"k) Implementing regulations of the Vietnam Timber Legality Assurance System; regulations on the management of forest plants and animals and enforcement of the Convention on International Trade in Endangered Species of Wild Fauna and Flora; managing and tracing the origin of forest products in accordance with the law."

2. Amending and supplementing Clause 4 as follows:

a) Supplementing Point d following Point c of Clause 1 as follows:

"d) Developing and using forests when assigned by competent state agencies in accordance with the law."

b) Amending and supplementing the name of Clause 2 as follows:

"2. Directing, guiding, and inspecting forest management, protection, fire prevention and extinguishing, development, and use activities, ensuring compliance with forestry laws within the provincial territory:"

c) Supplementing Point e following Point đ of Clause 2 as follows:

"e) Guiding and inspecting forest development and use activities when assigned by competent state agencies in accordance with the law;"

d) Amending and supplementing the name of Clause 3 as follows:

"3. Organizing the implementation of tasks related to forest management, protection, fire prevention and extinguishing, development, and use, ensuring compliance with forestry laws within the provincial territory:"

đ) Supplementing Points k and l following Point i of Clause 3 as follows:

"k) Implementing regulations of the Vietnam Timber Legality Assurance System; regulations on the management of forest plants and animals and enforcement of the Convention on International Trade in Endangered Species of Wild Fauna and Flora; managing and tracing the origin of forest products in accordance with the law;

l) Implementing forest development and use tasks when assigned by competent state agencies in accordance with the law."

3. Amend and supplement Article 5 as follows:

a) Amending and supplementing Point e of Clause 2 as follows:

"e) Implementing regulations of the Vietnam Timber Legality Assurance System; confirming the origin of forest products, confirming specimens of wild animals and plants; managing and tracing the origin of forest products in accordance with the law;"

b) Amending Clause 3 as follows:

"3. Managing and directing the Forest Ranger Station and Forest Rangers working in the field to implement legal normative documents, programs, plans, and schemes on forest management, protection, fire prevention and extinguishing, ensuring compliance with forestry laws."

4. To amend and supplement Article 7 as follows:

"Article 7. Tasks and Authorities of Forest Rangers

1. Forest Rangers shall perform their duties, tasks, and authorities as assigned and be responsible for their performance in accordance with this Decree and the law; they shall wear uniforms, badges, forest ranger insignias, and nameplates as prescribed.

2. Request relevant agencies, organizations, and individuals to provide information, documents, evidence, inspect the scene, and apply measures to prevent administrative violations as prescribed by law.

3. Handling violations of forestry laws in accordance with the law on administrative offenses and criminal law.

4. Being equipped and using weapons, auxiliary tools, uniforms, means, and specialized equipment as prescribed by law.

5. Performing other tasks and authorities as prescribed by law."

5. Amending and supplementing Article 8 as follows:

"Article 8. Central Forest Ranger Organization

The Forest Ranger Department is an administrative organization under the Ministry of Agriculture and Rural Development, assisting the Minister of Agriculture and Rural Development in performing state management functions over forest management, protection, fire prevention and extinguishing, ensuring compliance with forestry laws."

6. Amending and supplementing Article 9 as follows:

"Article 9. Provincial Forest Ranger Organization

The Provincial Forest Ranger Service is an administrative organization under the Department of Agriculture and Rural Development, assisting the Director of the Department of Agriculture and Rural Development in performing state management functions over forest management, protection, fire prevention and extinguishing, ensuring compliance with forestry laws, and performing other forestry tasks within the province when assigned by competent state agencies."

7. Amending and supplementing Clause 1 of Article 10 as follows:

"1. The District Forest Ranger Office is an administrative organization under the Provincial Forest Ranger Service, assisting the Provincial Forest Ranger Service Director and the Chairman of the People's Committee of the district in performing state management functions over forest management, protection, fire prevention and extinguishing, ensuring compliance with forestry laws, and performing other forestry tasks within the district when assigned by competent state agencies.

The District Forest Ranger Office has a support unit which is the Forest Ranger Station."

8. Amending and supplementing Article 11 as follows:

"Article 11. Forest Ranger Organizations for Special-Use Forests and Protective Forests

1. The Special-Use Forest District Forest Ranger Office and the Protective Forest District Forest Ranger Office are administrative organizations under the Forest Ranger Department for special-use forests and protective forests managed by the central government; under the Provincial Forest Ranger Service for special-use forests and protective forests managed by local governments.

The Forest Ranger Station for Special Purpose Forests and the Forest Ranger Station for Protective Forests have a supporting unit which is the Forest Ranger Post.

2. Criteria for Establishing Forest Ranger Stations for Special Purpose Forests and Protective Forests:

a) The Forest Ranger Station for Special Purpose Forests is established in National Parks;

b) The Forest Ranger Station for Special Purpose Forests is established in nature reserves and species and habitat conservation areas with an area of 15,000 hectares or more;

c) The Forest Ranger Station for Protective Forests is established in headwater protective forests, windbreak forests, sand dune stabilization forests, wave barrier and land reclamation forests with an area of 20,000 hectares or more.

3. Based on criteria for establishing the Special-Use Forest District Forest Ranger Office and the Protective Forest District Forest Ranger Office and requirements and management tasks, the Ministry of Agriculture and Rural Development decides on establishment, reorganization, and dissolution of Special-Use Forest District Forest Ranger Offices and Protective Forest District Forest Ranger Offices under central management; the People's Committee of the province decides on establishment, reorganization, and dissolution of Special-Use Forest District Forest Ranger Offices and Protective Forest District Forest Ranger Offices under local management."

9. Amending and supplementing Clause 2 of Article 13 as follows:

"2. Forestry rangers who sacrifice or get injured while directly performing their duties shall be recognized as烈士 or persons entitled to benefits equivalent to those for wounded veterans based on conditions and criteria set forth in points g and i, Clause 1, Article 14 and points g and i, Clause 1, Article 23 of the Ordinance on Preferential Policies for Those Contributing to the Revolution."

10. Add point c following point b, Clause 2, Article 16 as follows:

"c) Specialized forest protection forces of forest owners who sacrifice or get injured while directly performing their duties shall be entitled to benefits and policies as prescribed in the Ordinance on Preferential Policies for Those Contributing to the Revolution."

11. Add Clause 4 to Article 19 as follows:

"4. In cases where normative legal documents cited in this Decree are amended, supplemented, or replaced, they shall be applied according to the amended, supplemented, or replacing documents."

12. Amend point a, Clause 2, Section VIII of Appendix I as follows:

"a) The Minister of Agriculture and Rural Development shall issue, revoke, or temporarily suspend the Ranger Certificate for the positions of Director of the Forest Protection Department and Deputy Director of the Forest Protection Department;"

Article 2. Implementation clause

1. This Decree takes effect from February 2, 2025.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities shall be responsible for implementing this Decree.